Election results

Text of measure

The ballot question read:

“

Marriage. Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?" [1][2]

”

Constitutional changes

Article XIII, §13Marriage. Section 13. Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.[3]

Official summary

Under present Wisconsin law, only a marriage between a husband and a wife is recognized as valid in this state. A husband is commonly defined as a man who is married to a woman, and a wife is commonly defined as a woman who is married to a man.

A "yes" vote would make the existing restriction on marriage as a union between a man and a woman part of the state constitution, and would prohibit any recognition of the validity of a marriage between persons other than one man and one woman.

A "yes" vote would also prohibit recognition of any legal status which is identical or substantially similar to marriage for unmarried persons of either the same sex or different sexes. The constitution would not further specify what is, or what is not, a legal status identical or substantially similar to marriage. Whether any particular type of domestic relationship, partnership or agreement between unmarried persons would be prohibited by this amendment would be left to further legislative or judicial determination.

Lawsuits

A variety of lawsuits have been filed in the wake of the victory of Question One.

In 2009, Wisconsin Family Action and others who supported Question One filed a lawsuit against the State of Wisconsin to prevent it from implementing a domestic-partnership registry.[5] According to Julaine Appling, president of Wisconsin Family Action, "Elected officials should never pass laws that violate the will of Wisconsin voters who legitimately amended the state constitution in a fair election. This new domestic-partnership scheme is a sneaky assault on marriage from those who are determined to redefine marriage in Wisconsin."[5] This lawsuit was brought directly to the state Supreme Court and was dismissed in November 2009.

In August 2010, Wisconsin Family Action and others filed a lawsuit in Dane County Circuit Court on the same basis.[6]